Ricky Allen v. Commonwealth, 2011-SC-000009-MR (rendered 9/26/2013)(to be
published)
Mr. Allen ‘s Sixth Amendment rights were violated where Mr. Allen
was permitted to represent himself at trial, but was restricted from
participating in bench conferences. The trial court allowed only standby
counsel to participate in bench conferences based on the court’s determination
that Mr. Allen was a threat to either disrupt the proceedings or flee, which
left him unrepresented at critical stages of the trial proceedings. Mr.
Allen’s convictions of burglary in the third degree, criminal mischief in the first
degree, theft by unlawful taking over $300.00, receiving stolen property, under
$300.00, and being a persistent felony offender in the second degree, for which
he received a sentence of twenty years, are reversed. Tom Ransdell and
Kate Benward represented Mr. Allen on appeal.
Contributed by Karen Maurer
